Proctor Brant Blog


Colorado Litigation: A Summary of the September 2018 Changes to Colorado’s Simplified Civil Procedure Rule, C.R.C.P. 16.1

In April of this year, the Colorado Supreme Court adopted a revised version of Colorado’s simplified civil procedure rule, C.R.C.P. 16.1. The revised version applies to cases filed on or after September 1, 2018 and includes changes that will affect how common claims are litigated. From a defense perspective, these changes may have a significant impact on the investigation, evaluation, and preparation of civil cases for potential settlement and trial.

First, Rule 16.1 will continue to apply presumptively to most common civil actions unless the filing party’s attorney certifies that the value of the party’s claims is reasonably believed to exceed $100,000. However, under the revised version of Rule 16.1, this certification will be subject to C.R.C.P. 11. Under the current rule, a plaintiff who wishes to be excluded from simplified civil procedure needs only complete a perfunctory opt-out process, which is not currently subject to Rule 11.… Read the full post


Stormy Daniels, NDAs & Lawful Contracts: Can a Legal Agreement Be Enforceable If It Has Only One Signature?

Sometimes the day’s political headlines can present legal questions with real-world implications for businesses across the country. The recent reappearance of Stormy Daniels in the news is a reminder of the ongoing non-disclosure agreement (“NDA”) controversy involving her and President Trump. As you’ll remember, this is a significant legal issue related to the enforceability of a contract that has not been signed by all parties.

Stephanie Clifford, aka Stormy Daniels[i], filed a lawsuit in California federal court alleging that the NDA between her and Trump is unenforceable because Trump did not personally sign the agreement. This happens to be a question pertinent to many businesses: Can an agreement be enforceable if only one party to the agreement signs it?… Read the full post